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Friday, February 03, 2006

Ind. Decisions - Transfer list for week ending February 3, 2006

Here is the Indiana Supreme Court's transfer list for the week ending February 3, 2006.

One transfer grant today. In the case of Andrew Biddle, et al. v. BAA Indianapolis, LLC et al., appellee Indianapolis Airport Authority was granted transfer, while appellee BAA Indianapolis was denied transfer.

Here is the Court of Appeals opinion, which was issued while the ILB was on hiatus last summer. Here is how the ruling, by Judge Sullivan, begins:

Todd and Rosalyn Fakes, Brenda and Jeffrey Jay, Khousar and Arif Kheiri, and Raymond and Sherry Shannon (collectively “the Homeowners”) appeal from the trial court’s grant of summary judgment in favor of BAA Indianapolis, LLC (“BAA”), and Indianapolis Airport Authority (“IAA”). The Homeowners present three issues for our review, which we restate as:
I. Whether a compensable taking of property may occur when a neighborhood is affected by noise from overflights of aircraft;

II. Whether a homeowner who purchases a residence while knowing that the prior owner has been compensated for a noise disturbance may maintain a cause of action for additional noise disturbances; and

III. Whether a cause of action based upon promissory estoppel exists. We affirm in part, reverse in part, and remand.

Two years of Transfer Lists: For other weekly transfer lists (going back to Feb. 2, 2004), check "Indiana Transfer Lists" under "Categories" in the right column.

Posted by Marcia Oddi on February 3, 2006 02:27 PM
Posted to Indiana Transfer Lists